Revocation of New York Ruling Letter (NYRL) 835717;classification of jewelry presentation cases; jewelry boxes

HQ 953538 March 17, 1993 CLA-2 CO:R:C:T 953538 BC CATEGORY: Classification TARIFF NO.: 4202.92.9020 Mr. Bruce E. Benedict John V. Carr & Son 1600 West Lafayette Detroit, Michigan 48216 RE: Revocation of New York Ruling Letter (NYRL) 835717; classification of jewelry presentation cases; jewelry boxes Dear Mr. Benedict: In NYRL 835717, dated January 24, 1988, our New York Seaport Area Office advised you that certain cloth covered metal jewelry boxes from Canada were classifiable under subheading 7310.29.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We have recently reviewed that ruling in the light of a Headquarters decision involving similar merchandise and have concluded that the prior classification was incorrect. On March 3, 1993, Headquarters Ruling Letter (HRL) 951028 was issued classifying jewelry presentation cases as "jewelry boxes," as that term appears in Heading 4202, HTSUSA. A copy of HRL 951028 is enclosed for your reference. The jewelry presentation cases covered by HRL 951028 are classifiable under subheading 4202.92.9020, HTSUSA. Since NYRL 835717, issued to you on behalf of your client, is contradictory to the findings set forth in HRL 951028, it is hereby revoked. This notice of revocation of NYRL 835717 is issued under 19 CFR 177.9(d)(1). It is not to be applied retroactively to NYRL 835717 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, NYRL 835717 will not be valid precedent. We recognize that pending transactions may be adversely affected by this revocation, in that current contracts for importation arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, your client may, at his discretion, notify this office and apply for temporary relief from the binding effects of this decision as may be warranted by the circumstances, pursuant to 19 CFR 177.9(e)(2). However, please be advised that in some instances involving import restraints, such relief may require separate approval from other government agencies. Sincerely, John Durant, Director